Fall 2012 Class Descriptions

As of 3/31/2015 5:18:55 AM

Constitutional Litigation

Suits aimed at vindicating constitutional rights, for example,
litigation against the police, prison wardens, schools, local
governments, and federal actors, are sometimes called "constitutional
tort" or "Section 1983" actions. This course will examine the law that
has been developed by the Supreme Court and other federal courts to
govern such cases. It will deal with such critical questions as: Who
is a proper defendant in a civil rights suit under the Constitution?
What qualifies as a constitutional injury, and how are the theories of
liability different from ordinary tort law? When are government actors
immune from suit? And (dear to the heart of almost every lawyer) under
what circumstances may attorney's fees be recovered? This material has
been the subject of intense political and judicial controversy over
the last few decades because it determines what constitutional
guarantees actually mean in practice. Although this is not a course on
the substance of the Bill of Rights or the Fourteenth Amendment, we
will look at cases that illustrate, for example, how courts apply the
Eight Amendment to prisoner claims and the Due Process Clause to
lawsuits against prosecutors. It covers some of the same material, but
is designed to complement, Federal Courts. The course should be of
interest to students who are planning to do plaintiffs' civil rights
work (including pro bono cases at law firms), to those who plan to
represent government defendants, and to those who are generally
interested in constitutional law. The instructor has briefed and
argued several constitutional tort cases in the U.S. Supreme Court and
federal circuit courts.